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Thread Started by #Anonymous

Hi all,
My employer has terminated my job without giving me any warning or notice or anything intimation. Also they have stopped my salary of the whole month I have worked for.
Please guide me how I can go forward for the same to get my salary. Or can I file a complain for the salary as well notice pay and also I want to file a case for mental torture and harassment because I am the only person who earns in my family and and I have two dependents on me too.
Early guidance can be appreciated.
9th May 2013 From India, Anand
Dont be in haste and come to any conclusion, give details so that the seniors can advise you properly.
Be assured that even in case of termination also the employer cannot stop your salary. Approach the HR and get the termination notice tell us the reason of termination, were you in probation etc., to guide you properly.
9th May 2013 From India, Ahmadabad
Dear Friend,
Sorry to hear about this. Please answer my few questions so as to enable us to understand the legal position behind the same
1. Have they given you any terminaton letter and if yes what is the reason of termination stated in it?
2. When were you appointed and have you completed your probation?
3. Can you give your appointment letter details as to what it says regarding Notice Period?
Generally IT companies do not do this. However anything can happen with small time companies. Please answer the above to access your situation better.
9th May 2013 From India, New Delhi
First did you receive the appointment letter from the company. If so refer about termination/resignation clause in the letter and notice period. if there is a notice period they have to pay the salary for the notice period mentioned in the letter. They cannot simply evade it. Find out on what grounds they have stopped you from working in the company. Meet the concerned person and find out.
if they have not paid you the salary for the period u have worked as well as the notice period salary you can send a letter to the management asking for the same by registered post ack.due. wait for a month and if they did not respond then meet the Labour Commissioner and give a complaint which will be strong as they will send a notice to the company asking them to pay the salary and settle the same
9th May 2013 From India, Madras
See, Employer can hold salary of any employee who is leaving the organization, if, the employee have any dues to employer, such as, cell phone, pen drive, any advance, etc.
While leaving, employer will deduct that amount from your Full and Final settlement and whatever remains he will pay you.
And, once the reason of your termination is clear, then, seniors can better guide you.
9th May 2013 From India, Nasik
Like Saji mentioned, DON'T act in haste. Like the Saying goes: Act in haste & Repent at leisure.
Pl provide the inputs mentioned by Kamal Kant Tyagi--these would be very important to assess the situation--which precedes any worthwhile/practical suggestions the members can give.
Also, pl clarify/confirm IF there were any unpleasant/untoward situations/incidents that happened 1-2 days prior to your being terminated--what you mentioned reg the 'termination without waring/notice' COULD be the 'result' rather than the 'cause'--somehow I get this feeling. Like Kamal Kant Tyagi mentioned--Generally IT companies do not do this.
Also, what is the employee strength of your company?
9th May 2013 From India, Hyderabad
Thanks all for your response.

Below is my details.

I was appointed by an IT firm in Hyderabad in Nov-12 and I moved from Gujarat to Hyderabad.

Than I have started working with them, Before joining they have emailed me offer letter and salary breakup which I have accepted.

Offer letter mentions that As per your consent to stay with Company Name ( I still like to be honest with my company and not like to disclose the name if require will reveal later, sorry for that) for at least one year...

I have joined them in Nov-12 and continued to work with them but unfortunately at the end of Dec due to some family problems I was supposed to take the decision to head back to home town so with the much of confutation I have emailed them my resignation letter by the month of Feb-13 asking to complete my notice period or as soon they can relieve me and than after they have discussed with me verbally for the same and agreed to give me Work From Home.

So neither my resignation was accepted nor rejected. After having WFH for the month of Mar and Apr they have paid me for the month of Mar and when my pay was due for the month of April in first week of May they have suddenly terminated my accounts and all my details and on phone they are saying me that the company is not happy with my performance and they are not continuing my job.

All employees got their salary by 4th of May and by 6th May when I asked them by calling what about my salary they says that send us your work details which I already sent them but than after they are not responding my emails.

Note : They have not given me any appointment letter, Nothing was mentioned in the offer letter for the notice period but only has written which I said in above.

Please guide me How can I file a complain and where can I file a complain or I should use Annaji's armer :D ( Anasan in front of my office )
9th May 2013 From India, Anand
1. Have they given you any terminaton letter and if yes what is the reason of termination stated in it? ------ No I have not any termination letter (you can read the details of termination in my response below)

2. When were you appointed and have you completed your probation? ------ There was nothing mentioned in offer letter for probation

3. Can you give your appointment letter details as to what it says regarding Notice Period?

Below is the details written in my offer letter

Dear (My Name)

We would like to congratulate you on your selection to the position of Developer with

(Pvt. Ltd Company Name), an exclusive developing partner of (Branch of USA company).

As per your consent to stay with (Pvt. Ltd Company Name) for at least one year, your

salary package remains, as discussed with you. You would be appraised after Ten months,

and depending upon your performance you would be rewarded accordingly.

(Pvt. Ltd Company Name) develops software for its overseas partners. In this context,

it might be required by employees to travel overseas. Overseas development and

employment opportunities will be offered only upon the willingness to travel by the

employee and is not a mandate.

A letter detailing all the benefits will be given after the commencement of the employment.

If accepting this offer, you are required to confirm your start date of employment by

Thursday 15th November, 2012 and submit the following paper work.
9th May 2013 From India, Anand
Please be patience. Have u received any offer letter / appointment letter from your employer. Have u completed your probation period. if yes, after confirmation what is your notice period. The employment may be terminated any time by either party (employee / employer) giving notice period. You will get your dues. dont worry.
10th May 2013 From India, New Delhi
I am not clear about it, that is the big mistake i made in my career.
What I had is only the offer letter and I already showed the details above expect that I dont have any thing regarding of appointment letter only the other proof is I was getting my salary credited into my bank account.
But verbally, Nothing like the probation and It we were agreed for the two month notice.
There is a saying which is absolutely true i experience now "Love your job but never Love your company", I trust them and did honesty but I feel that I am cheated now.
I am the only person in my family who is earning and I am facing too many problems.
I was willing that if I will get my salary I will find a new job and start new beginning but now they hold my salary so they are pushing me to go legally.
I really want to know from your people that can I file a complain for my notice pay, mental torture and fraud?
Please guide me.
10th May 2013 From India, Anand
Send a formal letter asking the reason for not crediting the salary in your bank account, also mention that you are not offered any work since -------(your last working date) as you have not received the termination in written. Do mention that if you would not hear from them with 7 days on receipt of this letter you will forced to go legal. Send the letter by registered post with acknowledgement receipt.
Once they receive the letter and wont respond within the stipulated time, you can approach the Labour Department with your complain who will get your problem resolved.
10th May 2013 From India, Ahmadabad
Just write a letter to your employer regarding your dues (Salary, notice period ...etc.). Please send a letter through registered post. Your employer give u any letter or mail (reg. termination). If your answer is yes, please add the letter no and dated on your letter. Keep a photocopy with you for your record.
10th May 2013 From India, New Delhi
Saji and Shiva Kumar
I really appreciate your response, I would do the same.
I have few more questions will be appreciated if you can help in same.
1) I live in Anand, Gujarat and the company is in Hyderabad, in the offer letter nothing was mentioned for the subject to judicial xxx so can i file complain from my local labor department?
2) I have written them 5 email in last 5days regarding the salary but they have not responded it. will that help me?
3) I have one more response from one of the previous employee who had gone through the same situation will it help me?
10th May 2013 From India, Anand
I assume that filing a suit at Hyderabad Labor Department will resolve on early stage than filing a suit at Anand. But it is advisable to approach the local Labor Department who can guide you better whether they can directly approach or the case will be transferred.
10th May 2013 From India, Ahmadabad
I agree with Saji. But before file a suit , send a letter to them regarding the dues. Regards, Sivakumar
10th May 2013 From India, New Delhi
You had a job that required you to live in Hyderabad
You resigned in February because you wanted to move back.
The company offered to allow you to continue working from home in Gujarat since they did not want to lose the skill-set you had. Then suddenly they have terminated you. Have you been working sincerely after returning home ? Or are you diverted and distracted by other things that probably was the reason you returned home. It seem that the impression the company got is that you are not working properly or not doing the level of work expected, to the extent that they are refusing to give the last salary.
You need to speak to your manager immediately and find the reason they are holding back your salary. Perhaps it takes time to verify the work done, or that the work reported is not found to be done. Also, are you holding company property like laptop, etc ? Cause they will not clear your final settlement till you return it to them.
11th May 2013 From India, Mumbai
You perfectly understood my situation and what the company think but the reality is I have done work, whatever they have assigned is been completed by me and honestly I have worked they can find out my logs in the computer server for the same but due mis-communication or dont know what but they are under that impression that I have not done work since I had WFH. Manager says that they are trying to get onsite approval for the salary once they get it, it will be done.
Also I found two references same like me from this company they have not received salary and gone through same like my situation thats why I am more worried.
11th May 2013 From India, Anand
Dear Guddy

I would suggest you not to go to the court yet as your manager informed that they are waiting for onsite approval (Do you have this by any written conmunication? or any emails which mentions that your performance was satisfactory or you were doing your job). If yes, Please document these but donot use this unless you really believe it is required, Chances are your employer will find ways (considering you did not have any Appointment letter) to prove that your performance was not upto mark and blah blah..

Hence do not take any drastic steps like filing a case unless really required because normally the person who is terminated, their salaries are relased only on full and final settlement which delays until you submit all the Assets.

Please do follow the steps like sending registered notice asking for an answer and acknowledgement as mentioned by fellow members.

Its better late than fighting in court. Here I am not supporting the company but If a company desires to screw someone, they can do it and believe me, I have seen that. So please have same patience, If they still do not reply or you are sure they are playing malice, Please go to the Lobour court.
13th May 2013 From India, Pune
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